logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.10.30 2020노333
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) received a proposal of the so-called “work loan” that received a loan by creating a false transaction performance from a person in an unsound name, and offered the account under the name of the principal to the principal.

The enforcement of illegal loans constitutes an evasion of the law prohibited by Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality.

Nevertheless, the court below judged otherwise and rendered a judgment not guilty on the defendant as it facilitates the evasion of the law of a person who has failed to obtain his name by providing his account.

2. Determination

A. The lower court found the Defendant not guilty on the facts charged of this case by providing a detailed judgment that the Defendant’s act does not constitute a crime of aiding and abetting the violation of the Act on Real Name Financial Transactions and Confidentiality.

Examining the reasoning of the judgment below in a thorough manner with the records, we affirm the above judgment of the court below, and there is no error in the misapprehension of legal principles as alleged by the prosecutor.

B. Helping and aiding is an act of a accessories that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. Therefore, the principal offender must have the intention to assist the principal offender to commit a crime and to the effect that the principal offender’s act constitutes the elements of a crime.

(2) In light of the following circumstances, the Defendant cannot be punished as an aiding and abetting offender on the ground that the evidence presented by the Prosecutor alone is insufficient to deem that the Defendant had an intention to commit a principal offender for a violation of the Act on Real Name Financial Transactions and Confidentiality.

(1) In order to obtain a loan, the Defendant, at the end of a person without a name, who has no record of transactions, informed him/her of the account number of the Defendant, as described in the facts charged.

Also, the defendant F. F.

arrow